Transcript Navajo Rangeland Improvement Act of 2014

PROPOSED
NAVAJO RANGELAND
IMPROVEMENT ACT OF 2014
Navajo Nation Department of Agriculture
PO Box 4889, Window Rock, AZ 86515
Phone: 928-871-6605, Fax: 928-871-6679
HISTORICAL OVERVIEW
• In 1934 the Taylor Grazing Act was passed which was the
first federal effort to regulate grazing on Navajo.
• In 1937 Grazing Regulations were adopted by the Navajo
tribe.
• In 1941 the first Grazing Permit was issued by the BIA.
• In 1953 the District Grazing Committees were formed.
• 1956 Navajo Grazing Regulations Established (Adopted from
25 CFR, 1956)
• 1966 Title 3 NNC approved
HISTORICAL OVERVIEW
(CONTINUED)
• In 1998 the Uniform Grazing Act was first attempted 32 individuals created the initial
language of the Act.
• 1993 the AIARMA was passed by the 103rd Congress of the United States to improve
the management, productivity, and use of Indian Agricultural lands and Resources.
• In 2000 the Act was renamed the Navajo Grazing Act, and it completed the
executive SAS Review. It managed to pass through the Resource Committee.
• As it is about to reach the Navajo Nation Council the summer session adjourns and
the Act is Tabled.
• In 2002 the Navajo Nation Council refers the Navajo Grazing Act as Referendum
Measure during the Navajo Nation General election November 2002 (Oct 21st-25th)
• 2012 the RDC directed the Department of Agriculture to develop
solutions/alternatives to address long standing Grazing issues, with the input of the
people.
QUICK SUMMARY
• The Act will apply to all of Navajo.
• New Navajo Nation Grazing permits will be issued by the Navajo Nation.
• Sheep Unit Year Long will no longer be used & Animal Units will be used.
• NO MORE PROBATE.
• No Grazing Fee
• All Aspects of Navajo Nation Grazing law will become centralized within the
Navajo Nation.
• Navajo Nation will keep all grazing records.
• Navajo Nation will hire Range Conservation Technicians as full time NNDA
employees to take over the role of local grazing officials.
THE NAVAJO RANGELAND
IMPROVEMENT ACT OF 2014 WILL:
• Have NO impact on current valid grazing permits
• Issue Permits on Navajo Partitioned Lands (NPL)
• Issue Permits on McCracken Mesa
• Maintain Seasonal Permits in collaboration with the Forestry and Fish &
Wildlife programs
• Address current probate issues
• Exercise Navajo Nation “self determination” in managing the land
• Have an organized monitoring and management system
• Maintain “heir-ship” concept
• Consistent Management across the Navajo Nation for all land status’
THE FOLLOWING CODE SANCTIONS
WILL NEED TO BE AMENDED
• Title 3: CHAPTER 1 AGRICULTURAL LEASES, ASSIGNMENTS, AND PERMITS;
CHAPTER 3. RANGE LAND LEASES FOR PASTURE OF LIVESTOCK; CHAPTER 5.
GRAZING; CHAPTER 7. CONTROL AND INSPECTION OF LIVESTOCK; CHAPTER
17. FENCES (1950)
• Title 2: CHAPTER 6. ETHICS IN GOVERNMENT LAW
• Title 11: CHAPTER 1. NAVAJO ELECTION CODE OF 1990
• Title 16: CHAPTER 15. RESIDENTIAL AND USE RIGHTS ON LANDS ADDED TO
RESERVATION
THE ACT WILL CONSIST OF FOUR SECTIONS
• I. General Provisions
• II. Transition Period
• III. Grazing Permits
• IV. Trespass
SUBCHAPTER I.
GENERAL PROVISIONS
• In 1950 it took an average of 22 acres to support one sheep for one
year.
• Today there are places on Navajo where it takes up to100 acres to
support one sheep for one year.
• There are only 10,926 grazing permits in existence on the Navajo
Nation. These permits are currently held by only 4.1% of the enrolled
population.
(majority rules vs. Permittees)
THE ACT WILL APPLY TO:
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NPL
McCracken Mesa
Navajo Satellite Communities
New Lands
Individually owned allotments held in trust
Navajo Nation fee land
Navajo Nation trust land
AUTHORITIES:
Joint Enforcement will be with the following departments:
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The Navajo Nation Forestry
The Navajo Nation Parks and Recreation
Fish and Wildlife
Dept. of Agriculture
Resource Enforcement
Land Department
Navajo EPA
Historic Preservation
SUBCHAPTER II
TRANSITION PERIOD
• All individuals who currently hold a valid grazing permit must be Issued a
“New Permit” by the Navajo Nation through an “application”.
Eligibility Requirements:
• Enrolled member of the Navajo Nation;
• Be 18 years of age or older;
• Have a “Customary Use” on the land that is subject to the permit
• Not be issued a grazing permit, of any kind, in any other Grazing District.
RE-ISSUANCE OF NEW GRAZING PERMITS
• All grazing permits on Navajo shall remain valid, but shall no longer be renewed automatically.
Instead, permittees must “apply” to have their permits renewed.
• Permittees must submit an “application”, a copy of their permit, & a conservation management
plan.
• Permit “approval” is based on a “sufficient” (adequate; satisfactory) conservation plan.
Conservation plans will be evaluated on:
• Proper grazing permit use by permittee. (There cannot be overstock & only the permitted number
allowed)
• Conservation put in practice to show improvements of the land
• Improved livestock breed, quality, vigor (health) of the livestock, and no inbreeding.
• Plan to decrease noxious and poisonous weeds on the range.
Permit Renewal Schedule:
• Each year a District will be scheduled for permit renewal after the first year of the Act approval.
• Director shall provide notice to current grazing permittees (locate permit holders; 1st notice; 2nd
notice; minors) in the affected districts by first class mail.
SUBCHAPTER III
GRAZING PERMITS
• All livestock grazing on the Navajo rangeland by “all Navajo persons” Must
be Authorized by a grazing permit issued by the Navajo Nation.
• To qualify you have to meet the “eligibility requirements”.
GRAZING PERMIT WILL CONTAIN
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Name, census number, and current address
Unique grazing permit number;
Permit’s term (beginning date and expiration date);
Range unit number;
Description of the land covered by the permit;
Range management plan requirements;
Number of AU allowed under the permit;
Animal identification information (e.g., brands, identifying marks,
microchips, freeze brands, earmarks, tattoos);
CONTENTS (CONTINUED)
• Permittee Agrees to: not use any part of the permitted area for any unlawful
conduct or purpose;
• The permit authorizes no other privilege than grazing use;
• Reserving a right of “entry” by the Navajo Nation for range survey, carrying capacity
assessment, livestock counts, inspection or compliance purposes, and other
purposes related to management of grazing permits;
• Prohibit nuisance, any illegal activity related to grazing or rangelands, and negligent
use or waste of resources;
• Includes Provision (regulation) on how trespass proceeds (money) be distributed;
• Permit cannot be subdivided once it has been issued;
• Any other provisions which Director(s) deem necessary
• Track Permit A (25AU=250SU); Track Permit B-Reserved; Track Permit C (10AU=50SU)
or less.
• Recreational Livestock: any individual who wishes to keep livestock within their
homesite must obtain a “certificate of registration” & Department Shall Not Deny
registration for any reason & have No jurisdiction to regulate animals on homesite.
TERM RENEWAL
• The term of a grazing permit issued will be every five (5) years.
• Grazing permits may be renewed upon “satisfactory compliance” with this
Act and any rules and regulations.
• All permit renewals shall occur when an “application” for renewal is “filed”
with the Director. Grazing permits shall not renew automatically. Submit
conservation plans, update status and comply with old plan.
• Supplemental Annual Permits: If a permittee believes that the carrying
capacity of the land has increased, the permittee may request a “carrying
capacity assessment”. Assessment will be conducted to check for feasibility
of request.
CO-PERMITTEE & TRANSFER
• Co-Permittee shall have No Rights or responsibilities under the grazing permit. Upon the Death
of the Permittee, the Co-Permittee will automatically become the new permittee, and
assume all responsibilities and agreements.
• A permit can only be transferred to a person who meets the eligibility requirements.
• Grazing permit may not be geographically transferred, as it is Tied to the Tract of Rangeland it
is assigned to.
• Approval: “All Transfers” must be Approved by the Navajo Nation. Navajo Nation shall honor
all transfers directed by Navajo Nation Courts in cases involving “divorce or separation” of a
permittee.
• Consolidation: If a permittee acquires Additional Permit by other means, including purchase
or transfer, the permittee will have ninety (90) days to “apply” to Navajo Nation to
“Consolidate All Permits” within the Same District into a “Single Permit”.
• Navajo Nation will grant 90 days for a Co-Permittee to become “compliant” with the
“eligibility requirement”. (Example: to relocate to permit area)
• Sublessee, or Livestock Operator : Permittee may “sublet” all or part of grazing permit, or
“Designate a Livestock Operator” to care for livestock in their absence. Examples of “valid
absence”: permittee is away at school, work or other residence)
CANCELLATION
Navajo Nation May Cancel for Non-compliance of the Following:
•Two consecutive years of Non-Use,” if not authorized” in advance by the
Navajo Nation.
•Civil monetary “sanctions have not been paid” after 60 days of written notice
(Example: impoundment fees)
•Permittee has violated any one of the provisions of grazing permit
•Permittee has violated this Act or any rules or regulations promulgated,
including “any reasons for cancellation” that are Created by Regulation, this
includes any criminal or illegal activity
•Carrying capacity of the permitted area has Diminished to a point where it
Can Not Support the Minimum Number of Livestock authorized by this Act.
•Permittee has violated any other law that is related to livestock or
management of Navajo rangeland.
NO MORE PERMIT PROBATE
• Grazing permits will not be eligible for probate in Navajo Nation Court.
A permittee does not have a vested right in the grazing permit; rather
they “Hold the Permit at the Pleasure of the Nation”.
• Once a permittee is deceased, their grazing permit reverts back to the
Nation Only upon No Co-Permittee Designation
• Livestock is Considered Property and Can Be Probated.
FENCING AND RANGE UNITS
Fencing Regulations
•Fencing regulations shall be developed by the Director, in consultation with Navajo
Nation Fish and Wildlife Department.
•No grazing permittee may build any fence for grazing-related purpose, unless they
have a “Range Unit Application” Approved by the Department, and in compliance
with the range management plan.
Range Units
•Navajo Nation is Authorized to Establish and Adjust Range Units based on the need
to “Preserve” the amount and quality of Forage, Land Status, and Customary Use
Areas.
•The establishment of a range unit “does not grant” the permittee “exclusive use” of
that area. Permittee will “not prohibit access” to other Navajos who desire to hunt
wildlife, gather herbs, firewood, pinion nuts, or other resources.
MOBILE LIVESTOCK AUCTION
PROGRAM
• Subject to a special appropriation of funds by the Navajo Nation, the
Department shall institute mobile livestock auctions for Navajo permittees
who need to sell excess livestock & have no equipment or means to
transport livestock to auction.
• Navajo Nation shall inform the permittee in writing, of the scheduled mobile
livestock auction in their area.
• Permittees who need to sell livestock in order to comply with their permit and
do not have the means to transport their livestock to market shall be given
priority at mobile livestock auctions.
VOLUNTARY ASSOCIATIONS AND
COOPERATIVES
• Permittees within specific range units are “encouraged to establish
livestock associations and/or cooperatives” to support livestock
management planning for the individual “range unit”.
• Livestock Association or Cooperative: will establish internal protocol,
membership and decision making process. Maintain a fund
management plan should it be decided to develop funding for the
organization.
PROHIBITED LIVESTOCK, UNAUTHORIZED
USE OF MOTOR VEHICLE, & BURIALS
• All rodeo stock and stallions is prohibited from grazing upon Navajo
rangelands. The maximum number of horses that a grazing permit may
authorize is two.
• It is prohibited for any person to use a motor vehicle (all-terrain vehicles &
motorcycles) on Navajo rangelands:
• For herding or rounding up livestock;
• That unreasonably damages or disturbs Navajo rangeland or any of its vegetative
or wildlife resources.
Exceptions:
• Law enforcement officers, employees, independent contractors, or consultants,
provided they are operating a motor vehicle in their official capacity;
• Any person who receives advance written exemption from the department
• No deceased person shall be buried on Navajo rangeland. Deceased
persons shall only be buried in designated burial sites, or land that has
otherwise been withdrawn from Navajo rangeland for burial.
ENFORCEMENT & BRAND OFFICE
• Navajo Nation law enforcement officers shall have the authority to seize
permits for probable cause to suspect forged, illegally altered, or otherwise
part of a felony.
Navajo Nation Brand Office:
• will initiate and provide a recording system for brand registration for
permittees
• will update all brands used by grazing permittees and maintain a tracking
system for livestock ownership
• will establish and assess for brand registration, renewals and application of
brands
SUBCHAPTER IV
TRESPASS
Upon a determination of trespass, Navajo Nation may provide the offending
individual with a Notice of Trespass that includes:
• an explanation of the trespass decision and reasons
• instructions to correct the trespass, if necessary
CIVIL SANCTIONS
Director is authorized to assess any combination of the following sanctions on an
individual:
• Impose a civil penalty
• Impound the trespassing livestock
• Order monetary damages, for the following:
• Value of the forage consumed by the trespassing livestock (determined by fair
market value)
• Any damage to Navajo rangeland caused by the trespassing livestock while in
trespass;
• Costs of gathering, impounding, feeding or pasturing, and caring for trespassing
livestock
• Other reasonable costs associated with this Act
IMPOUNDMENT OF LIVESTOCK
Notice of Livestock Impoundment will be provided to the livestock owner in
person.
Notice of Livestock Impoundment shall contain:
• Name of livestock owner, if known;
• Description of trespassing livestock;
• Type of trespass with citation to the provision(s) of this Act or other
applicable law;
• Time and date for livestock owner to correct the trespass to avoid
impoundment.
• Seven (7) days notice will be provided before impound of trespassing
livestock
• Navajo Nation may impound trespassing livestock without notice:
• If owner does not possess a valid grazing permit;
• Trespassing livestock is in a restricted or withdrawn area closed to
grazing; or
• Livestock presents a serious risk to the health and safety of the public,
other livestock, or wildlife
SALE OF IMPOUNDED LIVESTOCK
• Livestock not claimed within 7 days following the day of impoundment may be
sold at a public sale or auction. All proceeds shall be deposited in a special
account until the outcome of any hearing.
• Proceeds of any a sale of impounded livestock shall be:
• Reimburse the Navajo Nation for expenses incurred
• To satisfy payment of any penalties or damages assessed pursuant to this Act.
• To return all remaining proceeds to the livestock owner. If the owner does not
claim the proceeds within 6 months of receiving a Notice of Livestock Sale, the
owner shall be deemed to forfeited those proceeds to Navajo Nation.
• The Navajo Nation, shall provide a Notice of Sale of Impounded Livestock to
the livestock owner in person or via first class mail.
RETURNING IMPOUNDED LIVESTOCK
TO OWNER
• Upon satisfactory compliance, livestock owner may claim livestock impounded
at any time before sale, provided that the owner first address the following
requirements:
• Submit proof of ownership;
• Pay for expenses in gathering, impounding, feeding or pasturing, and otherwise
caring for the livestock; and
• Pay any trespassing-related civil penalties or damages assessed
• If returning the impounded livestock results in a violation of law, the livestock
shall not be returned but shall be sold.
• Navajo Nation shall return unlawfully impounded livestock to the owner by
delivering the livestock to the area covered by the owner’s grazing permit.
QUESTIONS & NNDA CONTACT
INFORMATION
Grazing Management Program
Ph:928-871-6605
Fax: 928-871-6679
http://www.agriculture.navajo-nsn.gov
Leo Watchman, Jr., Dept. Manager
Ray Castillo, Principal Extension Agent
Renelda Begay, Programs & Project Specialist
Kimberly Johnson, Office Specialist
Wilfred Big, Extension Agent – Chinle Agency
Emmett Kerley, Extension Agent – Western Agency
Charmaine Hosteen, Extension Agent, Northern Agency
Wayne Franklin, Extension Agent, Eastern Agency
DISASSEMBLY OF DISTRICT
GRAZING COMMITTEES
• District Grazing Committees shall be dissolved at the end of the current term.
• Upon the dissolution of the DGC, all authorities relating to grazing and
rangeland management shall be transferred to the NNDA.
• Staff Development is Subject to special appropriation of Funds by the
Navajo Nation, the NNDA shall establish a “Staff Development Program” to
provide assistance to District Grazing Committee Members to attain
necessary educational requirements for the “Range Technician Position”.